POLICY

A. Purpose

This policy describes eligibility for holiday pay for Berkeley Lab employees.

B. Persons Affected

• This policy applies to employees who work either full-time or part-time schedules in the following employee classifications: Career, Term, Postdoctoral Fellow, Limited, Visiting Researcher, and Student Assistant.
• Employees who work variable time in the following employee classifications are not eligible for holiday pay: Limited and Student Assistant.    
• Employees in the following employee classifications are not eligible for holiday pay: Rehired Retiree, Faculty, and Graduate Student Research Assistants (GSRAs). 
• This policy applies to nonrepresented employees. Represented employees should consult their collective bargaining agreement. 

C. Exceptions

Requests that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. Any request for an exception to policy requires, at minimum, approval by the Chief Human Resources and Diversity Officer (CHRO).

D. Policy Statement

1. Berkeley Lab Holidays
   
   1. The Laboratory observes the following holidays listed below and in the Berkeley Lab Holiday Calendar. These holidays are granted with pay to eligible employees. The days listed below, or announced equivalents, are usually observed as holidays:
      
      • New Year's day (or the announced equivalent)
      • Third Monday in January
      • Third Monday in February
      • Last Monday in May
      • July 4
      • Labor Day
      • Thanksgiving Day
      • Friday following Thanksgiving Day
      • December 24 or 26 (or the announced equivalent)
      • Christmas Day
      • December 31 or January 2
      • One floating holiday that may be used, at the employee's discretion, on Cesar Chavez Day (the last Friday in March), Veterans Day (November 11), or during the annual winter holiday shutdown
   2. When one of the days listed above occurs on a Sunday, the following Monday is observed as a holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a holiday unless an alternate day is designated by the Laboratory Director (or the designee).
   3. Berkeley Lab will be open on both Cesar Chavez Day and Veterans Day, and will be closed during the winter holiday shutdown. Employees electing to use the floating holiday on either Cesar Chavez Day or Veterans Day will be required to use a third vacation day or leave without pay during the winter holiday shutdown.
   4. The floating holiday must be taken during the calendar year and cannot be accrued for future use.
2. Eligibility for Holiday Pay
   
   1. Full-time employees are eligible for holiday pay:
      
      1. If they are on pay status during the week in which the holiday occurs or
      2. If they are on pay status on their last scheduled workday before the holiday and on their first scheduled workday following the holiday or
      3. If the holiday:
         
         1. Immediately precedes their appointment date, and the holiday is the first workday of the month or
         2. Immediately follows their last day of work, and the holiday is the last workday of the month or
         3. Occurs during an approved leave of absence or a work deferment that does not exceed 20 calendar days (including holidays)
   2. Part-time employees will receive holiday pay for the number of hours per holiday in proportion to the percentage of their appointment (See Section D.3, Holiday Pay Policy for Part-Time Employees, below).
   3. New or rehired part‐time employees are not eligible for holiday pay for a holiday that occurs before the first day of their appointment or after they are separated from employment with the University of California.
   4. Variable-time employees do not earn paid time off for holidays.

3. Holiday Pay Policy for Part-Time Employees:Part-time employees scheduled to work half time or more are allowed holiday time off with pay in accordance with the following table:

   Holiday Credit for Part-Time Employees
   Percentage of Full Time	Hours of Holiday Pay per Holiday
   Under 50	0
   50–56	4
   57–68	5
   69–81	6
   82–93	7
   94–100	8

4. Holiday Pay for New Employees: A new full-time employee will be paid for any holiday immediately preceding his or her first day of work if the holiday is the first working day of a pay period. This rule does not apply to part-time employees.
5. Holiday Pay for Separating Employees: A separating full-time employee will receive pay for any holiday immediately following his or her last actual day of work (or vacation leave) if the holiday is the last working day of a pay period. This rule does not apply to part-time employees.
6. Pay Policy for Work Performed on a Holiday
   
   1. Exempt employees do not normally receive extra compensation when their assignment requires work on a holiday.
   2. Non-exempt employees are paid regular pay, including any shift differentials, for time worked on a holiday. They normally receive a full day's holiday pay, plus pay for any portion of the day worked, to the nearest hour for monthly salaried personnel and to the nearest quarter hour for hourly rated personnel. A non‐exempt employee who is scheduled to work on a holiday but takes time off due to illness is eligible only for holiday pay.
   3. Irregular Schedules: Non-exempt employees who are working irregular full-time schedules are entitled to the same number of paid holiday hours granted to regularly scheduled employees. An employee receives holiday pay if his or her regular day off falls on a holiday observed by the Laboratory.
   4. Cesar Chavez Day and Veterans Day: Non-exempt employees working on Cesar Chavez Day and Veterans Day will be paid for hours worked only. They will not receive additional holiday pay.
7. Holiday Pay Policy During Leave of Absence Without Pay
   
   1. Short Term Leave
      
      1. A full-time employee on an approved, nondisciplinary leave of absence without pay for no more than 20 calendar days is eligible to be paid for any holidays occurring during the leave period.
      2. A part-time employee on an approved, nondisciplinary leave of absence without pay for more than 20 calendar days is eligible to be paid for any holidays occurring during the leave period at the prorated rate listed in the table above (See Section D.3, Holiday Pay for Part-Time Employees).
   2. Extended Leave: An employee on leave without pay for more than 20 calendar days is not eligible to be paid for any holidays that occur during the leave period or immediately before it period begins.
8. Special or Religious Holidays: The observance of a religious holiday may be permitted by a division director or department head. In such cases, time off is charged to accumulated vacation credit. If no credit has been accumulated, the time off will be handled as leave without pay for non-exempt employees and, at the discretion of the division director or department head, for exempt employees.
9. Disciplinary Suspensions and Unauthorized Absences: Non‐exempt employees who have been suspended for disciplinary reasons for a period that includes or immediately precedes or follows a holiday, and non‐exempt employees who have an unauthorized absence immediately preceding or following a holiday, will not receive holiday pay for that holiday.

E. Roles and Responsibilities

F. Definitions/Acronyms

G. Recordkeeping Requirements

None

H. Implementing Documents

I. Contact Information

For more information, employees may contact their division's Human Resources (HR) Center.
Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

J. Revision History

DOCUMENT INFORMATION

Source Requirements Documents

• DOE Contract DE-AC02-05CH11231, Mod No. M046, Sec. J, Appendix. A, Advance Understandings on Human Resources
• University of California Personnel Policies for Staff Members (PPSM) 2.21, Absence from Work

Implementing Documents